Real Property Law Flashcards

Under Texas law, which of the following is required for a valid deed to transfer real property?

Answer: A writing signed by the grantor with a sufficient property description

Texas follows the Statute of Frauds requiring a written instrument signed by the grantor with a legally sufficient description of the property.

What is the Texas homestead exemption's primary purpose in real property law?

Answer: To protect a homeowner's residence from forced sale by most creditors

The Texas homestead exemption protects a qualifying residence from forced sale to satisfy most debts, with limited exceptions like purchase money liens and tax liens.

In Texas, a tenant who holds over after lease expiration without landlord consent becomes what type of tenant?

Answer: Tenant at sufferance

A holdover tenant remaining without the landlord's consent is a tenant at sufferance, subject to eviction proceedings.

Which Texas law governs the relationship between landlords and residential tenants?

Answer: Texas Property Code Chapter 92

Chapter 92 of the Texas Property Code specifically addresses residential landlord-tenant relationships, including security deposits, repairs, and lease requirements.

Under Texas community property law, property acquired during marriage is presumed to be:

Answer: Community property unless proven otherwise

Texas presumes that property acquired during marriage is community property. The burden is on the spouse claiming separate property to prove it by clear and convincing evidence.

What remedy does Texas law provide for a buyer who discovers a material defect that the seller failed to disclose?

Answer: The buyer may sue under the Texas Deceptive Trade Practices Act for damages

Texas sellers must disclose known material defects. Failure to do so can expose them to liability under the DTPA, which allows for actual damages and potentially treble damages.